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Woman jailed 15 years for killing hubby
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The High Court has sentenced Memory Marira, a woman from Ushewokunze in Harare South, to 15 years in prison after she fatally struck her husband, Lovemore Tembo, with a soft drink bottle during a domestic dispute. The incident occurred on January 20 this year, following a disagreement over Tembo's intention to go out drinking with friends.
Marira, who pleaded not guilty to murder, admitted to striking her husband with the bottle but claimed she was provoked. High Court Judge Justice Lucy Mungwari convicted her after a full trial.
According to the State's case, the altercation began when Tembo expressed his intention to leave the house to drink beer with friends. Marira opposed his plan and chased him in an attempt to prevent him from going out. Tembo initially returned to the house, where he taunted Marira and challenged her to strike him.
The dispute escalated when Tembo later told Marira that he had changed his mind about going to the shops and decided instead to attend a traditional beer-drinking ceremony in their locality. Marira, however, refused to accept his decision, and when Tembo attempted to leave again, she struck him on the back of the head with an empty soft drink bottle. Tembo collapsed immediately.
A neighbor, Richard Chitima, who was a friend of Tembo's, was called to assist in resuscitating him. However, after assessing Tembo's condition, Chitima took him to a nearby clinic, where he was referred to Sally Mugabe Central Hospital. Tembo succumbed to his injuries the following day.
While Marira admitted to assaulting Tembo, she claimed that he had provoked her. Justice Mungwari, however, rejected this defense, stating that the assault was excessive and unjustifiable.
In her judgment, the judge noted that the State had presented the case under mitigatory circumstances, acknowledging Marira's role as Tembo's wife and her assistance in taking him to the hospital. However, Justice Mungwari emphasized that the offense was committed in a brutal and violent manner, with the blow splitting open the deceased's skull.
"The blow was brutal. It split open the deceased's skull," the judge said. "There was no justification for the severity of the assault inflicted upon the deceased."
Justice Mungwari further stated that while Marira was a first offender with no previous convictions and had contributed positively to her family, the crime's severity warranted a stern sentence. She also remarked that the nature of the offense, where the victim died a painful death at the hands of someone who should have been his protector, left no doubt about the brutality of the attack.
"The circumstances surrounding the offence leave us in no doubt that the deceased died a painful death," the judge said, noting that it was unlikely Marira would ever escape the emotional consequences of her actions.
Marira was sentenced to 15 years in prison for the fatal assault, a sentence that Judge Mungwari determined was consistent with the legal guidelines for murder in the absence of aggravating circumstances.
Marira, who pleaded not guilty to murder, admitted to striking her husband with the bottle but claimed she was provoked. High Court Judge Justice Lucy Mungwari convicted her after a full trial.
According to the State's case, the altercation began when Tembo expressed his intention to leave the house to drink beer with friends. Marira opposed his plan and chased him in an attempt to prevent him from going out. Tembo initially returned to the house, where he taunted Marira and challenged her to strike him.
The dispute escalated when Tembo later told Marira that he had changed his mind about going to the shops and decided instead to attend a traditional beer-drinking ceremony in their locality. Marira, however, refused to accept his decision, and when Tembo attempted to leave again, she struck him on the back of the head with an empty soft drink bottle. Tembo collapsed immediately.
A neighbor, Richard Chitima, who was a friend of Tembo's, was called to assist in resuscitating him. However, after assessing Tembo's condition, Chitima took him to a nearby clinic, where he was referred to Sally Mugabe Central Hospital. Tembo succumbed to his injuries the following day.
While Marira admitted to assaulting Tembo, she claimed that he had provoked her. Justice Mungwari, however, rejected this defense, stating that the assault was excessive and unjustifiable.
In her judgment, the judge noted that the State had presented the case under mitigatory circumstances, acknowledging Marira's role as Tembo's wife and her assistance in taking him to the hospital. However, Justice Mungwari emphasized that the offense was committed in a brutal and violent manner, with the blow splitting open the deceased's skull.
"The blow was brutal. It split open the deceased's skull," the judge said. "There was no justification for the severity of the assault inflicted upon the deceased."
Justice Mungwari further stated that while Marira was a first offender with no previous convictions and had contributed positively to her family, the crime's severity warranted a stern sentence. She also remarked that the nature of the offense, where the victim died a painful death at the hands of someone who should have been his protector, left no doubt about the brutality of the attack.
"The circumstances surrounding the offence leave us in no doubt that the deceased died a painful death," the judge said, noting that it was unlikely Marira would ever escape the emotional consequences of her actions.
Marira was sentenced to 15 years in prison for the fatal assault, a sentence that Judge Mungwari determined was consistent with the legal guidelines for murder in the absence of aggravating circumstances.
Source - newsday
